Understanding the Complexities of Military Divorces can Lead to a Fair Decision and Favorable Outcome May 31, 2016Linda RossMilitary Divorce

Special Issues in Military Divorces in Virginia Beach, Virginia

A military divorce may involve complex legal protocols that are not evident in run of the mill divorce cases, and getting a good grip on the legalese can help partners forge a stronger, more equitable divorce settlement. It must be understood that military divorces raise issues that are uncommon, and not pertinent to civil divorces. Military divorces in Virginia Beach, VA tackle serious matters when one or both partners serve in the military, and involve rights to retain child custody, division of commonly held or individual assets, military pension, and healthcare issues. Tackling these issues requires in-depth knowledge of Federal and state laws, and intimate understanding of a court’s jurisdiction, besides judging the correctness of armed forces agencies that determine the breadth and scope of the soldier’s service conditions. As you prepare to tackle a military divorce in Virginia Beach, VA, you become sensitized to the challenges, and arm yourself to respond effectively and efficiently to the legal complexities that arise during divorce proceedings.

Child Custody

One of the most sensitive matters that concerns both contesting partners will be the emotive issue of child custody, and having one or both partners serving in the military can make matters exceedingly complicated for the courts to adjudicate upon. The problem arises when one of the partners, by virtue of being deployed in military service, either in faraway bases or even abroad, is forced by circumstances to leave the child in the care of the non-serving spouse. The serving spouse is significantly disadvantaged vis-à-vis the non-serving primary child custodian because the court may hold the view that it would be impractical for the soldier to assume child care in distant lands under exigencies of service. In such situations, the onus of determining a fair and just settlement will hinge on the family courts in Virginia. Competent legal counselling is a must for navigating the technical complexities that determine what lies in the child’s best interests.

Benifits

Military service conditions stipulate that a member becomes eligible to receive a pension for life when he or she completes twenty years of service. Some rules specifically state that pension is part and parcel of marital assets that can be divided between the partners. Divorcing partners, going by the same rules, can lay claim to a fraction of the amount, usually not exceeding half the pension. In most cases, it may not be mandatory for partners to be in a long duration marriage to be able to claim a share of pension benefits. In any case, the onus is on the family court to decide and finalize what it deems to be a just share of pension receivable by the non-serving spouse.

From our brief discussion of just two contentious issues (child custody and pension) facing serving and non-serving spouses, it will be clear that military divorces in Virginia Beach, VA throw up unique situations that challenge the legality of contesting cases. Hiring an experienced attorney can go a long way in protecting your rights, besides ensuring that you effortlessly navigate the turbulent ocean of federal, state and military legalese, and sail home to a just and fair outcome. Without the benefit of a skilled legal counsel, you may throw open the case to emotionally devastating litigation that sees you losing the right to care for your child, besides irreparably losing pension benefits and other assets that should be rightfully yours.